HomeMy WebLinkAbout09-009•.•0~ SUP~+
~
. q• •;r •
:;
•~: ~ = ~~':
BOARD OF SUPERVISORS
:.
~ :, ~ ~ ;~ w,•" .
COUNTY OF BUTTE, STATE OF CALIFORNIA
••• ~•••........+•'•• G•.
••
'i;:
•' RC'S0j2ft10Yf Nn. 09-009
~..,~ovN
•
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
VACATING A PORTION OF THE PUBLIC RIGHT OF WAY ON ESQUON ROAD
BETWEEN THE UNION PACIFIC RAILROAll ANU HAMLIN ROAD AND HAMLIN ROAD
BETWEEN ESQUON ROAD AND DURHAM DAYTON HIGHWAY IN THE DURHAM
ARCA, BUTTE COUNTY, CALIFORNIA
WHEREAS, a public hearing was held before the Board of Supervisors of the County of Butte,
State of California, on January 27, 2009, in the Board Chambers, Butte County Administration
Building, 25 County Center Drive, Oroville, California; and
WHEREAS, notice of the time and place of the hearing on the request for the vacation was
duly and regularly given as required by law; a-ld
WHEREAS, the Planning Commission has considered this vacation, and found the request
consistent with the Butte County General Plan, provided an easement is reserved for a future street or
highway, pursuant to California Streets and Highways Code Section 8340 (b), as stated in Planning
Commission Resolution 08-53; and
WHEREAS, to prevent cutting off the sole access to any parcel an easement is being reserved
for the adjoining properties, currently under the ownership of Rancho L,squon Inc.; and
WHEREAS, tcstimuny and evidence, both oral and documentary, was received by the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors:
1. The proposed vacation of these public rights of way does not have a significant effect
On ChC CnVll"011ment.
2_ ThC p1"OpoSCd VaCAtlon ]S 111 COllf01'ma11CC 1Vlth the Butte COUnty CieIlCCaI PIa17.
3. The public rights of ~~~ay in question, as hereinafter described, are unnecessary for
present public use.
4. The public rights of way situated in the County of Butte, State of California, as
hereinafter more particularly described, are hereby vacated pursuant to Chapter 3 of Part 3 of Division
9 of the California Streets and Highways Code (commencing with Section 8320).
5. The said public rights of way so vacated are located in the unincorporated area of the
County of Butte, State of California, are identified as a portion of Esquon Road between the Union
PaClflC Railroad and Ilamllll ROad and 1Ian7Ill1 ROad bCtWeell ESC]L-O-1 ROad and DUrhanl Dayton
lligh~~~ay in the Uu--ham Area. and arc more particularly described below and in the attached Exhibit
A.
EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section
8340 of the California Streets and I[igllways Codc and for the benefrt of the adjoining
properties, currently under the ownership of Rancho Esquon Inc., the rights of ingress and
egress, in, upon, over, under and across the portion of the herein described Esguon Road and
that portion of I [amlin Road abutting lots 33A and 41, or any parts or portions thereof, as
shown on that certain map entitled "Subdivisions] Plan of the Durham State Land Settlement",
filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records.
ALSO EXCEPTING AND RESERVING THEREFROM, an casement for a future street or
highway, pursuant to California Streets and highways Code Section 8340 (b), in, upon, over,
under and across the herein described Esquon Road. Said easement to be considered for
acceptance if there is any significant change in the character of the area, such ss s General Plan
Amendment, Rezone, Specific Plan or declared disaster.
6. The map showing the public rights of way hereby vacated is on file in the Office of the
Butte County Department of Public Works, 7 County Ccntcr Drive, Oroville, California 95965.
7. The Clerk of this Board shall cause a certified copy of this Resolution, with the seal of
the Board of Supervisors of the County of Butte, State of California, to be recorded in the Office of the
Recorder of the County of Butte, State of California.
PASSED ANll ADOPTED by the Butte County Board of Supervisors this 27th day of January
2009, by the following vote:
AYES: Supervisors Connelly, Dolan, Kirk, Lambert, Yamaguchi
NOES: None
ABSENT: None
NOT VOTING: None
9~~
Bill Connelly, Chair, Butte ounty
Board of Supervisors
ATTEST:
C. Brian Ha ix ,~
Chief Adtnini tra'tiy Officer
And Clerk o ,t~i~ ~ar
By ~ ~ ~ ,f.; ~ ~ - ~~~,~"
Deput~v